IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60391
Conference Calendar
DARILE JOHNSON,
Plaintiff-Appellant,
versus
RAYMOND ROBERTS; MIKE MOORE;
STEVE W. PUCKETT; KIRK FORDICE,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:96-CV-135-B-D
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December 11, 1996
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Darile Johnson, No. 83789, a Mississippi state prisoner,
appeals the dismissal with prejudice of his 42 U.S.C. § 1983
action as frivolous. Johnson maintains that his incarceration in
the penitentiary, rather than a county detention facility, prior
to the determination of his direct appeal is unconstitutional.
There is no constitutionally protected interest surrounding an
inmate’s confinement in the general prison population, only that
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 96-60391
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an inmate be confined under conditions consistent with his
sentence. McCrae v. Hankins, 720 F.2d 863, 866 (5th Cir. 1983).
Johnson’s allegations do not show a constitutional violation.
See Thomas v. Torres, 717 F.2d 248, 248-49 (5th cir. 1983), cert.
denied, 456 U.S. 1010 (1984). Johnson’s appeal is DISMISSED as
frivolous. See 5th Cir. R. 42.2.
We caution Johnson that any additional frivolous appeals
filed by him will invite the imposition of sanctions. To avoid
sanctions, Johnson is further cautioned to review any pending
appeals to ensure that they do not raise arguments that are
frivolous.
APPEAL DISMISSED; SANCTIONS WARNING ISSUED.